Opinion
Civil Action 21-cv-2916
02-07-2022
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, this 7th day of February 2022, upon careful and independent consideration of the Petition for Writ of Habeas Corpus (ECF No. 1), review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice (ECF No. 16), and consideration of Petitioner's Objections (ECF No. 17), it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE; and
3. There is no probable cause to issue a certificate of appealability.
It is FURTHER ORDERED that Petitioner's Request to Withdraw Claims (ECF No. 19) is DENIED IN PART to preserve the Deadly Weapon Enhancement Claim, and because this claim is not therefore withdrawn, the Motion to Amend the Petition (ECF No. 20) is DENIED AS MOOT.
The Clerk of Court shall mark this case CLOSED for statistical purposes.